Res Ipsa Loquitur; Medical Negligence Cases. See more. Go, G.R. If a doctor fails to live up to this precept, he is accountable for his acts. Res ipsa loquitur definition, the rule that an injury is due to the defendant's negligence when that which caused it was under his or her control or management and the injury would not have happened had proper management been observed. Res ipsa loquitur . 160889, April 27, 2007, had the occasion to say that the Hippocratic Oath mandates physicians to give primordial consideration to the well-being of their patients. Res ipsa loquitur is also sometimes applied in medical malpractice cases where something obviously went wrong in surgery, for example, but precisely what went wrong cannot be proven. In terms of medical malpractice , the res ipsa doctrine refers to cases where the doctor’s treatment was so far below the appropriate standard of care that negligence is assumed. (Ramos v. … A foreign object might have ended up in a patient or suturing may have been proven to be ineffective. Ending up in a comatose does not ordinarily arise from a simple operation unless someone is negligent. Res ipsa loquitur is a Latin phrase that means "the thing speaks for itself. In different kinds of injury-related cases, res ipsa loquitur (Latin for "the thing speaks for itself") is a rule that may be used where the injured person has no direct evidence of how the injury occurred. No. The rule comes up with some frequency in medical malpractice cases, because an unconscious or sedated patient is almost always at a loss when it comes to testifying about what exactly happened. Give examples of the application of res ipsa loquitur. "In personal injury law, the concept of res ipsa loquitur (or just "res ipsa" for short) operates as an evidentiary rule that allows plaintiffs to establish a rebuttable presumption of negligence on the part of the defendant through the use of circumstantial evidence.. res ipsa loquitur - a rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened rule of evidence - (law) a rule of law whereby any alleged matter of fact that is submitted for investigation at a judicial trial is established or disproved Res ipsa loquitur is Latin, and when translated directly means the thing speaks for itself. res ipsa loquitur The thing speaks for itself Law & medicine A legal doctrine under which a plaintiff's burden to prove negligence is minimal as the details of the incident are clear and understandable to a jury–eg, foreign objects left behind during surgery, eg towels. Well, res ipsa loquitur is similar to that line of thinking. Once again, the SC in Dr. Milagros Cantre v. Sps. Res ipsa loquitur is a Latin term meaning "the thing speaks for itself". “Res Ipsa Loquitur,” commonly referred to as “Res Ipsa,” is a Latin phrase meaning “the thing speaks for itself.”. It is a doctrine of law that one is presumed to be negligent if he/she/it had exclusive control of whatever caused the injury even though there is no specific evidence of an act of negligence, and … The administration of anaesthesia does not ordinarily result in decerebration, let alone death. What does “Res Ipsa Loquitur” mean? In the treaties on Medical Negligence by Michael Jones, the learned author has explained the principle of res ipsa loquitur as essentially an evidential principle and the learned author opined that the said principle is intended to assist a claimant who, for no fault of his own, is unable to adduce evidence as to how the accident occurred. Literally, "res ipsa loquitur" is Latin for "the thing speaks for itself." Res Ipsa is an early tort doctrine, borrowed from English common law, used to describe certain events with regards to negligence.. Under the common law of negligence, the res ipsa loquitur doctrine indicates that a breach of a party’s duty of care may be inferred from the events that occurred. Res ipsa loquitur is a doctrine which applies when the negligence is so apparent, a presumption of the breach of duty leading to the action or occurrence can be made by the court.